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Sean D. Rutledge <br />Linda Preslan Bower <br />Eric Rothaus <br />M Iry <br />OCT a '-. 0 <br />15 <br />C�11�Is10F? " e,y-U IATIC)N <br />6NG A'."! 0 SRF`TY <br />SeanrutledgelawPaol.com <br />Lindabowerlaw0comcast.net <br />Ericrothausftmail.com <br />RUTLEDGE LAW OFFICE, LLC. <br />4412 W. Eisenhower Blvd. <br />Loveland, CO 80537 <br />(970)669-2864 <br />October 14, 2015 <br />Mr. Tom Parko <br />Director of Planning Services <br />Weld County Planning and Building Department <br />1555 N. 17th Ave. <br />Greeley, CO 80631 <br />� r <br />Re: FHDP-355 and Use by Special Review USR 11-0008 granted to L.G. Everist and City of <br />Aurora (Permit AP12-00077) or their successors <br />Dear Mr. Parko, <br />Thank you for your letter of March 4, 2015, responding to our letter of January 14, 2015. <br />We represent Mr. Ross Bachofer regarding his concerns that the mining activities on the <br />west side of the South Platte River approximately between Weld County Roads 16 and 18 <br />have caused flooding on his property at 7525 U. S. Highway 85, Fort Lupton, CO 80621. <br />Two of the permits concerning activity in this area are FHDP-355 and Use by Special <br />Review issued by the County to L.G. Everist and the City of Aurora. Our concerns also <br />extend to any other pending or current applications/permits by the above entities or their <br />successors or for the Fort Lupton Sand and Gravel Mine at this site. <br />In March, you concluded that there was not sufficient scientific evidence to support our <br />complaint that the mining activities at the Fort Lupton Sand and Gravel were causing <br />flooding on Mr. Bachofer's property. Specifically, you stated that we lacked HEC/RAS <br />modeling utilizing pre- and post -mining topography. We have taken your concerns <br />seriously and Mr. Bachofer agreed to engage Ganser Lujan & Associates to perform such <br />modeling. We are pleased to say the results do support our contention that mining <br />activities have altered the topography to such an extent that it causes flooding on the <br />Bachofer property . We enclose a copy of the preliminary GL&A Report dated October 6, <br />2015 for your perusal. We believe that this and the 2013 Report amply demonstrate that <br />the Mine, as currently operated, is in violation of the Weld County Floodplain Management <br />1 <br />